By Dutton H.B. No. 1135
74R4997 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recording of the operations of a grand jury.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 20, Code of Criminal Procedure, is
1-5 amended by adding Article 20.011 to read as follows:
1-6 Art. 20.011. RECORDING OF PROCEEDINGS. (a) All proceedings
1-7 before a grand jury other than the deliberations of the grand jury
1-8 shall be recorded by a bailiff using an electronic device capable
1-9 of recording sound.
1-10 (b) The validity of a grand jury proceeding is not affected
1-11 by an unintentional failure to record all or part of questions
1-12 propounded or testimony made under Subsection (a).
1-13 (c) The clerk of the court in which the case is pending
1-14 shall maintain possession of all records made under this article
1-15 and any typewritten transcription of those records, except as
1-16 provided by Article 20.02.
1-17 SECTION 2. Article 20.02, Code of Criminal Procedure, is
1-18 amended to read as follows:
1-19 Art. 20.02. PROCEEDINGS <DELIBERATIONS> SECRET. (a) The
1-20 proceedings <deliberations> of the grand jury shall be secret.
1-21 (b) Except as provided by Subsections (c) and (d), the
1-22 attorney representing the state, a <Any> grand juror, a <or>
1-23 bailiff, or a person preparing a typewritten transcription of an
1-24 electronic recording who discloses <divulges> anything transpiring
2-1 before the grand jury, regardless of whether the thing transpiring
2-2 is recorded, <them> in the course of the <their> official duties of
2-3 the grand jury shall be liable to a fine as for contempt of the
2-4 court, not exceeding five hundred dollars, and to imprisonment not
2-5 exceeding thirty days.
2-6 (c) A record made under Article 20.011, a typewritten
2-7 transcription of that record, or a disclosure otherwise prohibited
2-8 by Subsection (b) or Article 20.16 may be made to the attorney
2-9 representing the state for use by the attorney in performing the
2-10 attorney's duties or to another grand jury or law enforcement
2-11 agency of the state or political subdivision of the state, as
2-12 permitted by the attorney representing the state and determined by
2-13 the attorney as necessary to assist the attorney in the performance
2-14 of the attorney's duties. The attorney representing the state
2-15 shall warn any person the attorney authorizes to receive
2-16 information under this subsection of the person's duty to maintain
2-17 the secrecy of the information. Any person who receives information
2-18 under this subsection and discloses the information for purposes
2-19 other than those permitted by this subsection is subject to
2-20 punishment for contempt in the same manner as persons who violate
2-21 Subsection (b).
2-22 (d) The defendant may petition a court to order the
2-23 disclosure of information otherwise made secret by this article or
2-24 the disclosure of a recording or typewritten transcription under
2-25 Article 20.011 as a matter preliminary to or in connection with a
2-26 judicial proceeding. The court may order disclosure of the
2-27 information, recording, or transcription on a showing by the
3-1 defendant of a particularized need.
3-2 (e) A petition for disclosure under Subsection (d) must be
3-3 filed in the district court in which the case is pending. The
3-4 defendant must also file a copy of the petition with the attorney
3-5 representing the state. The court shall provide the attorney
3-6 representing the state with an opportunity to appear and present
3-7 arguments for the continuation of or end to the requirement of
3-8 secrecy.
3-9 (f) A person who receives information under Subsection (d)
3-10 or (e) and discloses that information is subject to punishment for
3-11 contempt in the same manner as a person who violates Subsection
3-12 (b).
3-13 SECTION 3. (a) The changes in law made by this Act apply
3-14 only to grand jury proceedings occurring on or after the effective
3-15 date of this Act.
3-16 (b) Grand jury proceedings occurring before the effective
3-17 date of this Act are covered by the law in effect when the
3-18 proceedings occurred, and the former law is continued in effect for
3-19 that purpose.
3-20 SECTION 4. This Act takes effect September 1, 1995.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.